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August 18, 2009
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Costco Warehouse Corporation
999 Lake Drive
Issaquah, WA 98027
Attn: Richard J. Olin, Vice President and General Counsel
Re: File No. EB-09-SE-133
Dear Mr. Olin:
This is an official CITATION issued to Costco Warehouse Corporation
("Costco"), pursuant to Section 503(b)(5) of the Communications Act of
1934, as amended ("Act"), for marketing non-compliant radio frequency
devices, specifically, the Astak CM-918T2 wireless security camera ("Astak
CM-918T2), in the United States in violation of Section 302(b) of the Act,
and Sections 2.803, 15.209 and 15.249(d) of the Commission's Rules
("Rules"). As explained below, future violations of the Commission's Rules
in this regard may subject your company to monetary forfeitures.
In March 2009, the Enforcement Bureau received a complaint alleging that
the Astak CM-918T2 is causing harmful interference to Sprint Nextel's
licensed operation of its iDEN network in the 800 MHz and 900 MHz bands
and that Costco is marketing this device. On May 8, 2009, staff from the
Enforcement Bureau's Spectrum Enforcement Division visited the Costco
Warehouse located at 7601 Matapeake Business Drive, Brandywine, Maryland
20613. The staff observed that this Costco location was marketing the
Astak CM-918T2. Subsequently, the Enforcement Bureau provided samples of
the Astak CM-918T2 to the FCC's Office of Engineering and Technology
("OET") Laboratory for testing. The OET Laboratory's tests demonstrated
that the Astak CM-918T2 does not comply with the radiated emission limits
specified in Sections 15.249(d) and 15.209 of the Rules.
Section 302(b) of the Act provides that "[n]o person shall manufacture,
import, sell, offer for sale, or ship devices or home electronic equipment
and systems, or use devices, which fail to comply with regulations
promulgated pursuant to this section." Section 2.803(a)(1) of the Rules
provides in pertinent part that:
[N]o person shall sell or lease, or offer for sale or lease (including
advertising for sale or lease), or import, ship, or distribute for the
purpose of selling or leasing or offering for sale or lease, any radio
frequency device unless ... [i]n the case of a device subject to
certification, such device has been authorized by the Commission in
accordance with the rules in this chapter and is properly identified and
labeled as required by S: 2.925 and other relevant sections in this
chapter ....
Intentional radiators, such as the transmitter component of the Astak
CM-918T2 wireless security camera, are generally required by Section
15.201 of the Rules, to be approved through the equipment certification
procedures described in Sections 2.1031 - 2.1060 of the Rules prior to
marketing within the United States. As an intentional radiator operating
at 905 MHz and 924 MHz, the Astak CM-918T2 is also subject to the radiated
emission limits specified in Section 15.249(a) of the Rules for operations
within the 902-928 MHz band. In addition, pursuant to Section 15.249(d) of
the Rules, except for harmonics, emissions from the Astak CM-918T2
radiated outside the 902-928 MHz band must be attenuated by at least 50 dB
below the level of the fundamental frequency or to the general radiated
emission limits specified in Section 15.209 of the Rules, whichever is the
lesser attenuation. The OET Laboratory's tests demonstrate that radiated
emissions from the Astak CM-918T2 outside the 902-928 MHz band
substantially exceed the limits specified in Section 15.209 of the Rules.
Therefore, the Astak CM-918T2 does not comply with the radiated emission
limits specified in Sections 15.249(d) and 15.209 of the Rules.
Accordingly, it appears that Costco violated Section 302(b) of the Act and
Sections 2.803, 15.209 and 15.249(d) of the Rules by marketing in the
United States the Astak CM-918T2 wireless security camera.
If, after receipt of this citation, you violate the Communications Act or
the Commission's Rules in any manner described herein, the Commission may
impose monetary forfeitures not to exceed $16,000 for each such violation
or each day of a continuing violation.
You may respond to this citation within 30 days from the date of this
letter either through (1) a personal interview at the Commission's Field
Office nearest to your place of business, or (2) a written statement. Your
response should specify the actions that you are taking to ensure that you
do not violate the Commission's Rules governing the marketing of radio
frequency equipment in the future.
The nearest Commission field office is the Seattle Office, in Kirkland,
Washington. Please call Neal McNeil at 202-418-2408 if you wish to
schedule a personal interview. You should schedule any interview to take
place within 30 days of the date of this letter. You should send any
written statement within 30 days of the date of this letter to:
Kathryn Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445-12th Street, S.W., Rm. 3-C366
Washington, D.C. 20554
Under the Privacy Act of 1974, we are informing you that the Commission's
staff will use all relevant material information before it, including
information that you disclose in your interview or written statement, to
determine what, if any, enforcement action is required to ensure your
compliance with the Communications Act and the Commission's Rules.
The knowing and willful making of any false statement, or the concealment
of any material fact, in reply to this citation is punishable by fine or
imprisonment.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kathryn Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
47 U.S.C. S: 503(b)(5).
47 U.S.C. S: 302a(b).
47 C.F.R. S:S:2.803, 15.209 and 15.249(d).
Section 2.803(e)(4) of the Rules defines "marketing" as the "sale or
lease, or offering to sale or lease, including advertising for sale or
lease, or importation, shipment or distribution for the purpose of selling
or leasing or offering for sale or lease." 47 C.F.R. S: 2.803(e)(4).
47 C.F.R. S: 2.803(a)(1).
An intentional radiator is "[a] device that intentionally generates and
emits radio frequency energy by radiation or induction." 47 C.F.R. S:
15.3(o).
See 47 C.F.R. S: 15.201.
A certification is an equipment authorization issued by the Commission,
based on representations and test data submitted by the applicant. See 47
C.F.R. S: 2.907(a).
47 C.F.R. S:S: 2.1031 - 2.1060.
The Astak CM-918T2 is certified under FCC ID WQZCM-918T2 to operate at 905
MHz and 924 MHz.
See 47 C.F.R. S: 15.249(a).
See 47 C.F.R. S: 15.249(d).
See 47 C.F.R. S: 15.209.
See 47 C.F.R. S: 1.80(b)(3).
See 5 U.S.C. S: 552(a)(e)(3).
See 18 U.S.C. S: 1001.
Federal Communications Commission DA 09-1823
1
2
Federal Communications Commission DA 09-1823
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554